January 25, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. January 25, 2021
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
This meeting was closed to in-person attendance by the public. A temporary
suspension of the Open Meetings Act to allow telephone or videoconference public
meetings has been granted by Governor Abbott. Telephonic and videoconferencing
capabilities were utilized to allow individuals to address the City Council.
The following statement was posted:
"PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Emmett Hollier, Mayor Pro Tem.
3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier
to approve the Consent Agenda Items a-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - January 11, 2021 regular meeting
b. December 2020 Departmental Reports
c. Tax Assessor Collection Report - December 2020
d. Consider action authorizing the Jefferson County Mosquito Control District to fly at
low altitudes as required for the application of pesticides for the control of
mosquitoes within the city limits of Nederland
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve a proclamation recognizing the Nederland Bulldogs Football
Team for the 2020 season. MOTION CARRIED.
Minutes Continued, January 25, 2021
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Councilmember Root and seconded by Councilmember
Austin to reappoint Alex Rupp, Jason Butler, and Paul Hussey to the Parks Advisory
Board. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Ordinance No. 2021-01, authorizing participation with other
Entergy service area cities in matters concerning Entergy Texas, Inc. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Austin to accept the Quarterly Investment Report from the Finance Department.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve an agreement for consulting services with HUB International
related to employee group benefits. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to authorize the solicitation of bids for the Nederland Swimming Pool Deck
Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve a request from Adaptive Sports for Kids to utilize the Nederland
Recreation Center gymnasium for a Tae Kwon Do program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. Mayor Albanese announced with regret the Nederland Heritage Festival has been
cancelled for this year due to COVID-19 and safety concerns. He read a notice
issued by the Nederland Heritage Festival Committee.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• The 2021 Streets Program will be discussed at the Feb. 8th City Council
meeting
• The Spay & Neuter Program will resume on Monday Feb. 1St
Minutes Continued, January 25, 2021
The Mayor and Councilmember Neal requested staff research the use of"side by side"
vehicles on city streets and provide a report at the Feb. 22nd City Council meeting.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:00 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Talmadge Austin Council Member-Ward I v
Billy Neal Council Member-Ward II
Emmett Hollier Council Member-Ward III
Sylvia Root Council Member-Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Gary Porter Police Chief
Terry Morton Fire Chief
Robert Woods Director of Public Works v
George Wheeler Building Official
Victoria Klehn Librarian V
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
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D Albanese, Mayor
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January 25, 2021
Date
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ALLISON NATHAN GETZ4, . '�'.e TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR * * CHIEF DEPUTY
X
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also, by contract or statute,the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under
oath, that this amount $2,961,339.53, represents all taxes collected for CITY OF NEDERLAND
during the month of December 2020.
thb40-4-01404
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE• P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
Don Albanese,Mayor
QfZ Billy Neal,Councilmember
°'-- Talmadge Austin,Councilmember
'
\ City of Nederland Emmett Hollier,Mayor Pro-Tem
� +�,, Sylvia Root,Councilmember
U ! £�,) Christopher Duque,City Manager
/ P.O.Box 967•Nederland,Texas 77627•(409)723-1503•FAX(409)723-1550
l',97
Investment Report
For the Quarter Ending December 31,2020
This report has been prepared in accordance with the Public Funds Investment Act(Section
2256.023, Government Code),which requires that a quarterly report be submitted to City
Council detailing investment transactions and performance for the reporting period.
Submitted by the Investment Officers of the City of Nederland
A
que, City Manager
i Al
Cheryl D" den,Director of Finance
`Programmed for Progress"
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending December 31, 2020
Investments at Beginning of Period (10-1-20) $ 33,128,686.88
Purchases 9,665.30
Maturities 0.00
Investments at End of Period(12-31-20) $ 33,138,352.18
Maturity Summary at
December 31, 2020
111111 .Less than 3 months
■3 to 9 months
09 to 12 months
■Greater than 12 months
City of Nederland
Summary of Account Activity
Total Portfolio -All Accounts
For Quarter Ending December 31, 2020
Balance Balance
10/1/2020 Purchases Maturities 12/31/2020
General Fund $ 15,857,886.59 $ 4,626.62 $ 15,862,513.21
Library Fund 71,091.48 20.44 71,111.92
Library Fund-Zaruk Memorial 10,541.26 3.32 10,544.58
2017 Street Improvement Bond Fund 266,462.42 77.68 266,540.10
Water& Sewer Fund 5,375,863.70 1,568.39 5,377,432.09
Solid Waste Fund 2,862,821.29 835.27 2,863,656.56
Street Improvement Fund 3,351,478.08 977.83 3,352,455.91
Police Narcotics Fund 105,713.72 30.82 105,744.54
2018 WW Project 5,040,976.20 1,470.69 5,042,446.89
Bond Redemption Fund 185,852.14 54.24 185,906.38
$ 33,128,686.88 $ 9,665.30 $ - $ 33,138,352.18
Fund Allocation at December 31, 2020
Police Narcotics Fund
0.32%
Street Improvement Fund Solid Waste Fund
10.12% 8.64%
2017 Street Improvement
Bond Fund General Fund
0.80% 47.87%
Bond Redemption Fund
0.56%
Water&Sewer Fund
16.23%
Library Fund-Zaruk 2018 WW Project
Memorial Library Fund
15.22%
0.03%
0.21%
Investment Report Schedule
Investments for the Quarter ended December 31,2020
INVESTMENT POOL -TEXPOOL
Average
Days to Interest Interest
Period Held Maturity Rate Market Principal Earned Book Value
General Fund 10/01/20 12/31/20 1 0.1158% $ 15,857,886.59 4,626.62 $ 15,862,513.21
Water&Sewer 10/01/20 12/31/20 1 0.1158% 5,375,863.70 1,568.39 5,377,432.09
Bond Redemption Fund 10/01/20 12/31/20 1 0.1158% 185,852.14 54.24 185,906.38
Library Special 10/01/20 12/31/20 1 0.1158% 71,091.48 20.44 71,111.92
Library Special-Zaruk Memorial 10/01/20 12/31/20 1 0.1158% 10,541.26 3.32 10,544.58
2017 Street Improvement Bond Fund 10/01/20 12/31/20 1 0.1158% 266,462.42 77.68 266,540.10
Solid Waste Fund 10/01/20 12/31/20 1 0.1158% 2,862,821.29 835.27 2,863,656.56
Street Improvement Fund 10/01/20 12/31/20 1 0.1158% 3,351,478.08 977.83 3,352,455.91
2018 WW Project 10/01/20 12/31/20 1 0.1158% 5,040,976.20 1,470.69 5,042,446.89
Police Narcotic Fund 10/01/20 12/31/20 1 0.1158% 105,713.72 30.82 105,744.54
Totals for TEXPOOL Investments $ 33,128,686.88 $ 9,665.30 $33,138,352.18
*Texpool is rated AAAm by Standard&Poor's,which is the
highest rating a local government investment pool can achieve
Investment Report Schedule
Investments for the Quarter ended December 31,2020
INTEREST EARNED ON DEMAND DEPOSITS
Interest Earned
Average Quarter ended
Days to Interest December 31,
Period Held Maturity Rate 2020
Bond Redemption Fund 10/01/20 12/31/20 1 0.0000% $ -
Capital Outlay Fund 10/01/20 12/31/20 1 0.0000% 0.00
Court Technology Fund 10/01/20 12/31/20 1 0.0000% 0.00
Equipment Replacement Funds 10/01/20 12/31/20 1 0.0000% 0.00
Fire Department Special Fund 10/01/20 12/31/20 1 0.0000% 0.00
General Fund 10/01/20 12/31/20 1 0.0000% 27.76
Library Special Fund 10/01/20 12/31/20 1 0.0000% 0.00
MCML Dispatch 10/01/20 12/31/20 1 0.0000% 0.00
Motel Occupancy Tax Fund 10/01/20 12/31/20 1 0.0000% 0.00
2017 Street Improvement Bond Fund 10/01/20 12/31/20 1 0.0000% 0.00
Parks&Recreation Special Fund 10/01/20 12/31/20 1 0.0000% 0.00
Police Narcotic Fund 10/01/20 12/31/20 1 0.0000% 0.00
Solid Waste Fund 10/01/20 12/31/20 1 0.0000% 0.00
Street Improvement Fund 10/01/20 12/31/20 1 0.0000% 0.00
SSES Fund 10/01/20 12/31/20 1 0.0000% 0.00
2018 WW Project 10/01/20 12/31/20 1 0.0000% 0.00
Water Plant Construction Fund 10/01/20 12/31/20 1 0.0000% 0.00
Wastewater Construction Fund 10/01/20 12/31/20 1 0.0000% 0.00
W&S Certificate Fund 10/01/20 12/31/20 1 0.0000% 0.37
Water&Sewer Fund 10/01/20 12/31/20 1 0.0000% 0.00
$ 28.13
Investment Report Schedule
December 31, 2020
Interest Earnings for Quarter Ended December 31, 2020
Bond Redemption Fund $ 54.24
Capital Outlay Fund 0.00
Court Technology Fund 0.00
Equipment Replacement Funds 0.00
Fire Department Special Fund 0.00
General Fund 4,654.38
Library Special Fund 20.44
Library Special Fund-Zaruk Memorial 3.32
MCML Dispatch 0.00
Motel Occupancy Tax Fund 0.00
2017 Street Improvement Bond Fund 77.68
Parks & Recreation Special Fund 0.00
Police Narcotic Account 30.82
Solid Waste Fund 835.27
Street Improvement Fund 977.83
SSES Fund 0.00
2018 WW Project 1,470.69
Water Plant Construction Fund 0.00
Wastewater Construction Fund 0.00
W& S Certificate Fund 0.37
Water& Sewer Fund 1,568.39
$ 9,693.43
ORDINANCE NO. 2021-01
A ORDINANCE OF THE CITY COUNCIL OF
NEDERLAND, TEXAS, AUTHORIZING
PARTICIPATION WITH OTHER ENTERGY
SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE
PUBLIC UTILITY COMMISSION OF TEXAS IN
2021; AUTHORIZING THE HIRING OF
LAWYERS AND RATE EXPERTS; AUTHORIZING
THE CITY'S PARTICIPATION TO THE FULL
EXTENT PERMITTED BY LAW AT THE PUBLIC
UTILITY COMMISSION OF TEXAS; FINDING
THAT THE MEETING COMPLIES WITH THE
OPEN MEETINGS ACT; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, Cities have exclusive original jurisdiction over rates,
operations, and services of an electric utility in areas in the municipality
pursuant to Tex. Util. Code § 33.001; and
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Util. Code § 33.025; and
WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to
litigate rate change requests in various proceedings before the Public Utility
Commission of Texas or before municipalities in 2021, which may include (1)
rate proceedings or cost adjustments such as a transmission cost recovery
rider, a distribution cost recovery rider, generation cost recovery rider, energy
efficiency cost recovery factor, or hurricane restoration cost or offset true-ups,
and (2) various fuel cost refunds or surcharges and reconciliations; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2021, and may file other fuel
proceedings to refund or surcharge fuel charges; and
WHEREAS, ETI is scheduled to file a proceeding to recover costs
incurred in association with its Energy Efficiency Plan as well as reconcile past
costs; and
WHEREAS, Cities have the statutory right to set fair and reasonable
rates for both the Company and customers within Cities; and
WHEREAS, Cities are entitled to reimbursement by the utility of their
reasonable rate case expenses to participate in cases that are deemed rate
proceedings pursuant to Tex. Util. Code § 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS, THAT:
SECTION 1. The City of Nederland shall participate with other Cities to
intervene in Ell's various rate filings related to the various fuel cost surcharges
and reconciliations, any interim or incremental surcharge proceedings or
surcharge adjustments, and for any base rate adjustment proceedings or cost
of service adjustments on file with the Public Utility Commission of Texas or
with municipalities in 2021.
SECTION 2. The City of Nederland employs the Lawton Law Firm P.C.
to represent the City with regard to the ETI rate matters before local and Public
Utility Commission of Texas and any court of law and authorizes counsel to
employ rate experts as are recommended by the Cities' Steering Committee
to intervene in fuel or rate related proceedings at the Public Utility Commission
concerning ETI's rates charged to Texas customers.
SECTION 3. All such actions shall be taken pursuant to the direction
of the Cities' Steering Committee. Cities' Steering Committee shall have
authority to retain rate consultants and lawyers. Cities' Steering Committee
shall direct the action of Cities'representatives in the above proceedings. The
Steering Committee is directed to obtain reimbursement from ETI of all
reasonable expenses associated with participation in said proceedings.
SECTION 4. The meeting at which this Ordinance was approved was
in all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
SECTION 5. This Ordinance shall be effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of
Nederland,Texas, this 25TH day of JANUARY, 2021.
,,,� F.NEDF,�
�n �u 75 A�- • Don Albanese,Mayor
,oG:. �, i,:
City of Nederland, Texas
'as
ay Fe uson, Ci Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney
Nederland,
Texas
2